Starting July 1, 2025, new rules issued by Brazil’s Ministry of Labor and Employment (MTE), under Ordinance No. 3,665/2023, will come into force, significantly changing how businesses are allowed to operate on Sundays and public holidays.
The ordinance revokes previous permanent authorizations granted to various sectors in commerce and services — including supermarkets, pharmacies, bakeries, and general retail stores — to operate on those days.
Previously, under Ordinance No. 671/2021, certain business activities were allowed to operate on holidays without the need for union negotiation, provided working hours were properly managed. The new regulation now requires that Sunday and holiday operations be explicitly authorized in a collective bargaining agreement, and businesses must also comply with local municipal laws.
Even though Federal Law No. 10,101/2000 still allows businesses to open on holidays, the ordinance makes union negotiation a mandatory condition for legal operation on these days. The Labor Ministry’s intent is to strengthen employee protections, ensuring compensation measures such as overtime pay or compensatory time off.
What does this mean in practice? Starting in July 2025, operating on Sundays or holidays without a valid collective labor agreement and without local municipal authorization may lead to fines and administrative penalties. The full responsibility for ensuring compliance will fall on the companies.
This change requires immediate attention in three key areas:
1. Initiating negotiations with labor unions to include express permission to operate on Sundays and holidays in collective agreements;
2. Defining clear rules for work schedules, rest periods, and compensation mechanisms;
3. Verifying local municipal regulations, as union approval alone may not be sufficient if local laws prohibit operation on these dates.
Companies that prepare in advance will benefit from greater legal certainty, avoid potential labor disputes, and demonstrate alignment with compliance best practices and employee well-being. On the other hand, delaying adaptation may hinder operations on key business dates, create unexpected legal liabilities, and increase the risk of inspections and fines.
We strongly recommend that companies begin reviewing their operational needs immediately, engage with unions, and consult applicable municipal rules. Being proactive ensures business continuity, legal compliance, and peace of mind under the new regulatory framework set to take effect in the second half of 2025.
